Terms of Service

General

Welcome! By accessing, using or visiting this web site (this “Web site”) or any of the online web services, mobile applications and services for location-enabled and other types of devices provided to you on, from or through this Web site or our mobile applications (collectively, the “Services”), you agree to be bound by these terms and conditions (these “Terms”) and our Privacy Policy. If you do not agree to any of these terms, do not use the Services. If you are not yet 18 years old, a parent or legal guardian may agree to be bound by these Terms on your behalf.

The Services are provided by Quincy Media, Inc., its subsidiaries and this Station (collectively, “QMI”). QMI offers the Services via our relationship with Frankly Media LLC ("Frankly").

Frankly and QMI have the right, at their sole discretion, to enhance, change or discontinue all or part of the Services at any time, including eliminating or discontinuing any content or feature of the Services, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on or through the Services, or by electronic mail, or by conventional mail. Your use of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.

These Terms may also change from time to time. Please periodically review and become familiar with these Terms. Your continued use of the Services after the posting of changes to these Terms signifies your acceptance of these changes. Frankly or QMI may immediately terminate any individual's use of the Services and/or such user's password(s) or account(s) in the event user violates these Terms or engages in conduct that Frankly or QMI, in their sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.

Although the Services are freely accessible, by providing such access Frankly and this QMI do not intend to relinquish our respective rights, or any other party's rights, to the materials appearing on or in the Services. Unless otherwise noted, Frankly or QMI owns all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Services. The material on and in the Services is provided for your private, non-commercial use only.

No children under 13

The Services are not directed at or intended for use by children under 13 years old. You are required to provide a date of birth to register for this Website. You are not permitted to register or to use the Services if you are under 13.

Users Outside the United States

The Services are not targeted at users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection, use and transfer that may differ from U.S. law, your personal information submitted through the Services transferred to the U.S. may not have the same legal data protection as in your jurisdiction.

Registration; Use of Secure Area; Password

In general, you may access and use the Services for free in keeping with these Terms. However, to access and use certain features of the Services, you must register and create a membership account. You are responsible for maintaining security and control over your user name and password that you create to use the Services. We are not responsible for any losses arising out of the unauthorized use of your account or the Services. If you believe that the security of your user name and/or password has been compromised, you agree to immediately change your user name and/or password to eliminate this security risk. You will notify QMI of any known or suspected unauthorized use of, or disclosure related to, your account.

Consent to Receive Communications

If you register or sign up to receive alerts, emails, or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the prompts contained at the bottom of the communications.

Code of Conduct – Prohibited Acts

You agree not to engage in any of the following conduct while using the Services. Such conduct violates these Terms and may result in termination of your access to or use of the Services:

Restricting or inhibiting any other user from using and enjoying the Services;

Impersonating any person or entity or posting personally identifying information of any other person;

Posting or transmitting any falsehoods, misrepresentations or deceptive material; or any content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, patently offensive, sexually explicit, harassing, hateful or racially or ethnically offensive; or content that would be considered a criminal offense or trespass or give rise to civil liability; or content that is otherwise inappropriate, objectionable or harmful in any way;

Posting or transmitting any information that poses or creates a safety or security risk to any person;

Without QMI’s or Frankly's prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including but not limited to the solicitation of users of the Services to become users of other online services competitive with QMI or Frankly), or any other form of solicitation involving commercial activities and/or sales, such as contests, sweepstakes, advertising or pyramid schemes;

Manipulating the Services by any means, including but not limited to the use of bots, botnets, automated scripts or other automated or electronic means;

Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, spyware, adware, malware or other harmful, malicious or disruptive component; or tampering with or damaging the Services in any way whatsoever, including but not limited to by trespass, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code;

Circumventing, disabling or otherwise interfering with security-related features of the Services or any features that prevent or restrict use or copying of any content or enforce limitations on use;

Posting or transmitting material that violates or infringes upon the rights of a third party, including but not limited to copyright, trademark, intellectual property rights, rights of privacy or publicity, real property rights, or rights in confidential information;

Using the Services for any commercial purpose or unlawful purposes, including but not limited to “spamming”; or

Subject to these Terms, you may submit video, text, images, data, or other materials ("User Content") to the Services. In so doing, you acknowledge and agree that you grant to Frankly and QMI a royalty-free, perpetual, irrevocable, non-exclusive, transferable, worldwide right and license to:

Sublicense such User Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without notice, attribution or payment to you.

Grant other users of the Services a non-exclusive license to access your User Content and to use your User Content as permitted by the functionality of the Services and these Terms.

Further, by submitting User Content to the Services, you acknowledge that you have the authority to grant such rights to Frankly and QMI and use of the User Content by Frankly and QMI will not violate the rights of any third party. You further acknowledge that the burden of determining whether any User Content posted or transmitted to the Services by you is protected by copyright or will otherwise violate the rights of any third party rests solely with you. Each of this QMI, Frankly, and each of their subsidiaries, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of User Content directly or on its own behalf.

The grant of rights by you to Frankly and QMI and by you to other users described in this section is, in each case, subject to our Privacy Policy, which among other things how we share personal information.

Removal of User Content

Frankly and qmi are under no obligation to post or use any User Content, and we may remove User Content of which we become aware at any time for any reason in our sole discretion.

Frankly and QMI reserve the right to decide whether User Content is appropriate and complies with these Terms. Frankly and QMI assume no responsibility or liability for the deletion, corruption, or loss of User Content or failure to receive or store User Content for any reason, including but not limited to malfunctioning of any network, hardware, or software. Removal of User Content will not automatically result in the deletion of the relevant files from our or our cloud providers’ systems and servers. Frankly and QMI are not obligated to ensure the deletion of User Content from any servers or systems operated or used by us or to require that any user delete any specific material. Our Privacy Policy provides additional information on retention of and access to your personal information.

Contests, Sweepstakes and Promotions

You acknowledge that if and when QMI or Frankly sponsors contests, sweepstakes, or promotions (each a "Special Program"), or third parties sponsor a Special Program in conjunction with QMI or Frankly, either QMI, Frankly, or the third party will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Program. Those terms and conditions, to the extent they conflict with these Terms, will govern that particular Special Program.

Reporting Copyright Infringement and Repeat Infringer Policy

If you are a copyright owner or agent and believe any content or other information appearing on or in the Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") containing the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Frankly and QMI reserve the right to terminate a user’s access to the Services if we determine, in our sole discretion, that the user is a repeat infringer. For purposes of the DMCA, a repeat infringer is a user who has been notified of infringing activity and has had User Content (as defined below) removed from the Services more than once.

The "Frankly" logo is a trademark and service mark of Frankly. Quincy Media, Inc., any QMI station call signs, any QMI newspaper names and branding (including Herald-Whig, LocalQ and New Jersey Herald) and Quincify are trademarks and service marks of QMI. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on or in the Services without the prior written consent of the owner of the mark.

Making Purchases

You may have the opportunity to license or purchase products or services described on or in the Services. You may be asked by the applicable merchant or service provider to supply certain information, including but not limited to credit card or other payment information. You understand that any such information will be treated by as described in our Privacy Policy. You must provide to any such merchant or service provider information that is accurate, complete and current. You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service. You are responsible for all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Content Monitoring

You acknowledge and agree that Frankly and QMI have the right, but not the responsibility, to monitor the Services and site-related services, including without limitation chat rooms/features and forums, and to disclose any information to any third party as described in our Privacy Policy.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FRANKLY, QMI AND EACH OF THEIR directors, officers, shareholders, employees, representatives, successors, agents, partners, clients, sponsors and contractors, FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIMS, DEMANDS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE LEGAL FEES) ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR VIOLATION OF THESE TERMS, INCLUDING BUT NOT LIMITED TO THE PROVISIONS RELATING TO USER CONTENT AND THE CODE OF CONDUCT ABOVE, (B) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER OF THE SERVICES, AND/OR (C) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES OR SITE-RELATED SERVICES.

Frankly and QMI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

Warranty Information; Limitation of Liability

THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT OR INFORMATION CONTAINED WITHIN THIS WEB SITE OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SERVICES, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY FRANKLY OR QMI. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND SITE-RELATED SERVICES.

NEITHER FRANKLY, QMI, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT FRANKLY AND QMI ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THEM IS TO STOP USING THOSE SERVICES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BASED ON YOUR JURISDICTION.

Errors and Omissions

Although Frankly and QMI attempt to ensure the integrity of the Services, a possibility exists that the Services could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties. Frankly and QMI make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform Frankly at Info@franklymedia.comnewsops@qni.biz so that it can be corrected.

In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, user or member, or other user not under the control of Frankly or QMI. Frankly and QMI do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made on or in the Services by anyone other than authorized Frankly or QMI employees. Under no circumstances will Frankly or QMI be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.

Links to Other Web Sites and Services

The Services contains links to outside sites, services and resources ("Linked Sites"). Frankly and QMI do not endorse and are not affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You are encouraged to review any privacy policy or terms of service posted on the Linked Sites. The respective owners of the Linked Sites do not endorse and are not affiliated with Frankly or QMI.

Availability of Products or Services; Void Where Prohibited

Not all products or services discussed or referenced in or on the Services are available to all persons or in all geographic locations or jurisdictions. Frankly and QMI reserve the right to limit the availability of the Services and/or the provision of any product or service on any personal, geographic or jurisdictional basis, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Services is void where prohibited.

Termination

If you fail, or if QMI or Frankly suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable, or prohibit your access to or account for the Services. If your access or account has been terminated, QMI or Frankly may, but we are not obligated to, irretrievably delete any and all content we have stored pertaining to activity from your user name and account/membership. You may terminate this agreement at any time by simply discontinuing access to and use of the Services.

Miscellaneous

Legal Disputes

These Terms are entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to these Terms hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York, and waives any jurisdictional, venue or inconvenient forum objections to such courts. You further agree that neither you nor Frankly, nor qmi will participate in a class action lawsuit or class action arbitration or claims brought in a private attorney general or representative capacity, if frankly or qmi is a party to such a proceeding.

In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees.

In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

No Obligation to Participate in Disputes Between Users

If there is a dispute between users of the Services, or between a user and any third party, you understand and agree that Frankly and QMI are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Frankly and QMI and each of their officers, employees, shareholders, agents, representatives, and successors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.

Entire Agreement; No Waiver; Headings

These Terms constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.

No Third Party Rights; Assignment

Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Frankly and/or QMI without restriction.

Frankly Restricted Rights Legend

Use, duplication or disclosure by the Government is subject to the restriction as set forth in the Technical Data and Computer Software Clause in DFARS 227.7202 and FAR 12.212, as applicable. Supplier is Frankly Media LLC, 27-01 Queens Plaza North, Long Island City, New York 11101.